In a recent decision[1] the General Court again dealt
with the absolute grounds of refusal of Article 7 Para 1 lit (b)
and (c). The decision concerned the trademark STREET applied for by
Volkswagen AG. The trademark was intended to cover all kinds of
vehicles on land in class 12, vehicles for children in class 28 and
wholesale and retail services in class 35, all relating to motor
vehicles and their parts. The examiner of the OHIM and the First
Board of Appeal had rejected the trademark STREET, because in their
opinion this word would be subject to the absolute grounds of
refusal of non-distinctiveness and descriptiveness. This decision
is in line with the practice of the OHIM and the General Court, but
nevertheless, because of the clear wording in this decision, it
requires several comments and remarks.
